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    Defendant66's Avatar
    Defendant66 Posts: 39, Reputation: 1
    Junior Member
     
    #1

    Oct 8, 2008, 04:58 PM
    Trial and Warrant to Satisfy Judgment
    I did a motion to vacate judgment, allow me to file an answer out of time and have plaintiff's counsel provide validation of a debt.

    My motion was heard, I attached all the supporting documentation and wrote out a very nice certification in my motion to the court. I'm still asking if they would validate the debt, explained my situation to them, attached my medical bills from my daughter when she was ill and then I have here documentation which shows that I was out of work as well... and it was heard on September 26th I just received my order!

    I also received a trial date of 11/5/08.

    The judgment is to be vacated and I am to be allowed to file an answer out of time.
    Plaintiff's counsel is to provide proof of the debt to provide me with where the loan originated. I do not, yet, have to respond to the information subpoena which does stall the process of garnishment of any kind and may allow me later to enter into a settlement agreement.

    I feel relieved... However! Would someone please tell me what I need to do now that my motion has been granted?

    Do I prepare the Warrant to satisfy Judgment? And forward that to plaintiff's counsel? I'm not sure.

    I have to mail the order to them tomorrow... no problem. As to the rest I'm not sure as to how to proceed.

    Like, what do I need to bring with me at trial?
    I have a friend who works at the courthouse and she told me that the judge is really nice, recently appointed and fair. So that's nice too.

    I'm so nervous!
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #2

    Oct 12, 2008, 07:21 AM
    Hello Defendant:

    Nice has nothing to do about it. If you owe the money, and they can prove it, you'll lose.

    If what you wanted was to take the pressure off so that you could make a settlement offer, that's what you did. If you settle, there won't BE court, so you don't have to prepare for it. I'd get on the phone to the lawyer TOMORROW.

    On the other hand, if your settlement offer isn't accepted, then you'll be headed for court anyway. Answering the complaint, and or otherwise stretching out the procedure will cost you MORE than the original judgment was for. I don't know what you think you're gaining by doing that. Let's hope you're a good negotiator.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,292, Reputation: 7691
    Expert
     
    #3

    Oct 12, 2008, 07:26 AM

    Great, a nice fair judge, so after you proved you have already paid the debt, they will dismiss it.

    If on the other hand you still owe the debt, the judge will give them a judgement against you, but at least the judge will be sorry about it.
    Defendant66's Avatar
    Defendant66 Posts: 39, Reputation: 1
    Junior Member
     
    #4

    Oct 12, 2008, 05:51 PM

    Thank you for input. I already had a judgment, this was to allow me to file an answer out of time and allow for discovery. I went and applied for a pro bono attorney so that they can negotiate for me. I think that's the best way to go. The settlement agreement that the attorney sent to me would bury me financially.

    As for nice judge, perhaps I should have said "fair" minded judge instead.

    Also, I do agree that if we can reach a settlement amount and payments, then we won't go to court anyway. That's true, I hadn't thought about that.

    To excon, You know... I lost my job on 9/5/08I worked very hard, every day... was getting back on my feet after my daughter was sick and I was massively underpaid. Sometimes, there truly are circumstances beyond our control. To date I haven't had any income as unemployment is back logged in NJ and on 10/17 I find out if I qualify. It's not a good place to be right now.

    So... while I needed to make time for myself... there's always a reason for it.

    Course, I also understand the other side of the coin, people do things and expect to get away with it. I have to say, if I were able to keep up things... I would have.

    See... when I originally moved where I am now. Heat and hot water was included in my rent. Shortly thereafter my landlord changed to separate meters. So my monthly expenses went up approx 250.00 to 300 per month.

    Then my car was on it's last leg. So, I got a used vehicle but that payment was 300.00... all totaled my expenses per month went up 600.00 a month. And on my salary... that's keeping things pretty "tight"... I've been trying my behind off to keep up... but... You know... all I can do is keep trying and doing my best.

    Thank you for your input you two, I appreciate it.

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